Archive for the ‘Criminal Law’ Category

Michigan Implied Consent Administrative Hearings

If you have allegedly refused to consent to a chemical test, you may make a request for a Michigan Implied Consent Administrative Hearing within 14 days from the arrest.  If you don’t request this Implied Consent Administrative Hearing, your license may be automatically suspended.  According to the rules, the day of the arrest is not including in the 14 day time period and the last day of the 14 day period is a holiday or weekend.

How to tell if you need a Michigan Implied Consent Administrative Hearing:

To determine if you need a Michigan Implied Consent Administrative hearing, simply look at your paper license. If the upper left hand corner has the code DI-177, there is no refusal and no Michigan Implied Consent Hearing is necessary. lf the paper license indicates DI-93 however, you must request a Michigan Implied Consent Administrative Hearing with in the statutory time period.

The difficulties of winning a Michigan Implied Consent Administrative Hearing:
Unlike criminal cases where the state has the burden of proving that you committed the crime “beyond a reasonable doubt”, in Michigan Implied Consent Administrative Hearings, the burden on the state is only “a preponderance of the evidence”.

The state must prove the following in a Michigan Implied Consent Administrative Hearing:

  1. That the peace officer had reasonable grounds to believe that the crime of operating a vehicle while intoxicated;
  2. Whether you were placed under arrest for this crime
  3. That refusal to submit to the chemical test was reasonable
  4. Whether you were advised of your implied consent rights.

more information about Michigan DUIs

This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should really seek competent metro Detroit lawyer for advice on any metro Detroit legal matter. If you would like a free consultation regarding your legal case, please feel free to call 248-956-1165.

Metro Detroit Probation Violation Lawyer

If you have a Probation Violation in Metro Detroit, you need a Metro Detroit lawyer on your side. There are many things to remember regarding your Metro Detroit Probation Violation.

In Metro Detroit and the rest of Michigan, probation is privilege not a right. Defendants placed on Probation should know that since it is a privilege, probation can be revoked at any time, even without a Probation Violation (although this is rare).

Generally probation violations may result when any of the following occurs:

  • being charged or arrested for a new crime
  • failure to pay fines / restitution
  • -failing drug screening
  • not meeting with your Probation Officer
  • failing to appear at court
  • leaving the state
  • failure to gain employment

*This list of reasons for potential Probation Violations is only a partial list.

Generally if you are suspected of a Probation Violation, you will receive a notice of a revocation hearing or violation.  When you go to court, the judge will determine whether or not the Probation Violation occurred.  Probation Violations only require the courts finding of “preponderance of the evidence” that terms of your probation have been violated.  The  “burden of proof” in Probation Violation Hearings is much lower then what is needed to convict you of a crime.  With Probation Violations, you also have no right to a jury trial. This is why if you have received a Probation Violation in Metro Detroit, you need a qualified lawyer that handles Probation Violations.
While it is relatively easy for the court to find a Probation Violation, what an experienced Metro Detroit lawyer can help you with most is arguing your case to the judge.

Here is a partial list of possibilities that can occur as a result of your Probation Violation:

  • A continuation of probation with out punishment. (most likely occurs for small, technical violations)
  • Modify the conditions of the probation, or extend the period of probation. (generally for more serious probation violations)
  • Revoke the probation and sentence the defendant on the underlying offense. (also for more serious probation violations)

What can a Metro Detroit Probation violation Lawyer do for you?

A Metro Detroit Probation Violation Lawyer can work with the prosecutor to increase the chances that the case will not proceed to a probation violation hearing. If it does proceed to the hearing, your Metro Detroit Probation Violation Lawyer can help argue your case in front of the judge.

If you have a Probation Violation, it is essential you hire a Metro Detroit Probation Violation Lawyer. Call The Law Office of Scott M. Aaronson, P.L.L.C..  Consultations are free and confidential. A Metro Detroit Probation Violation Lawyer will call you back within 24 hours, usually much sooner.

Michigan Larceny

Michigan’s Larceny statutes comes in many different types depending on the specific facts of the case. Broadly defined, Michigan Larceny occurs when something is stolen from someone. Michigan Larceny can either be considered a misdemeanor or felony depending on how it is charged. The following are some Michigan state law charges involving larceny:

(1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

(c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Nonferrous metal.

(2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

(a) The property stolen has a value of $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

(a) The property stolen has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

(a) The property stolen has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

Michigan Larceny by false personation:
Larceny by false personation—Any person who shall falsely personate or represent another, and in such assumed character shall receive any money, or other property whatever, intended to be delivered to the party so personated, with intent to convert the same to his own use, shall be deemed by so doing, to have committed the crime of larceny, and shall be punished as provided in the first section of this chapter.

Michigan Larceny by Conversion:
Larceny by conversion, etc.—Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided in the first section of this chapter.

Michigan Retail Fraud

Michigan’s Retail Fraud is commonly referred to as ‘shoplifting.’ Michigan’s retail fraud statute involves either stealing or attempting to steal items offered for sale by a store or altering the price of an item with the intent to pay less than the marked price. Retail Fraud can be charged as a 5 year felony, 93 day misdemeanor or a 1 year misdemeanor, depending on the degree.

Retail fraud in first degree.

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the first degree, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is $1,000.00 or more.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $1,000.00 or more.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money or the value of the property obtained or attempted to be obtained is $1,000.00 or more.

(2) A person who violates section 356d(1) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section or section 218, 356, 356d(1), or 360 is guilty of retail fraud in the first degree. For purposes of this subsection, however, a prior conviction does not include a conviction for a violation or attempted violation of section 218(2) or (3)(b) or section 356(4)(b) or (5).

(3) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section

Michigan Retail fraud in second or third degree

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.

(2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.

(3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.

(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

(5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

(6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

Michigan Indecent Exposure

Michigan’s Indecent exposure can be charged as either a felony or misdemeanor under Michigan state law. In some instances getting convicted of Incident Exposure requires registration under Michigan’s Sex Offender Registration Act.

Michigan’s Indecent Exposure Law:

(1) A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.

(2) A person who violates subsection (1) is guilty of a crime, as follows:

(a) Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.

(b) If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

Search
Credit Cards Are Accepted:
Call Toll Free